Documents
The notary performs notarial actions on the basis of documents submitted by the parties to these actions, whose list is presented below. Please note that this is only the basic list of documents. Its scope may change when the notary gets acquainted with the actual state of the particular case. Therefore, it is important to contact the Notarial Office by phone, e-mail or visit the office before collecting the documents.
List of documents >1. The transfer agreement (e.g. sale, donation, exchange, co- ownership dissolution, inheritance division, joint-property partition) of the land property:
- land and mortgage register number,
- excerpt from the land register, together with the outline from the cadastral map,
- land use classification certificate in the local spatial development plan,
- certificate whether the plot is located in the area of the revitalization zone,
- certificate whether the plot is covered by the simplified plan of the forest development or the starost’s decision, referred to in the Forest Act.
2. The transfer agreement (e.g. sale, donation, exchange, co-ownership dissolution, inheritance division, joint-property partition) of the residential property:
- land and mortgage register number.
3. The transfer agreement (e.g. sale, donation, exchange, co-ownership dissolution, inheritance division, joint-property partition) of the ownership right to residential premises:
- certificate from the Housing Cooperative,
- land and mortgage register number (if kept),
- extract from the land register (if the ownership right to residential premises is covered by the land and mortgage register).
Each of the aforementioned actions should also include:
- legal basis for the property acquisition or ownership right to residential premises,
- if the acquisition was made on the basis of inheritance or usucaption or on the basis of donation or free transfer of ownership after 1 January 2007, one must submit the certificate from the Tax Office, stating that the acquisition is exempt from tax, inheritances and donations and the tax due was paid or the tax liability expired,
- if the mortgage is to be created on the property or the ownership right to residential premises, one should submit the certificate issued by the bank, in order to create the mortgage.
The notary receives the remuneration for the performance of notarial actions:
- notarial fee* - on the basis of the Regulation of the Minister of Justice of 28 June 2004, on maximum notarial fees.
*Notarial fee is increased by 23% of the tax on goods and services.
When preparing the notarial deed, the notary collects:
- the tax on civil law transactions - pursuant to the Act of 9 September 2000 on the tax on civil law transactions,
- the tax on inheritances and donations - pursuant to the Act of 28 July 1983 on the tax on inheritances and donations,
- the court fee for entries in land and mortgage registers - pursuant to the Act of 28 July 2005 on court fees in civil cases.
Fees are calculated on a case-by-case basis for each customer, after the notary gets acquainted with the actual situation of the particular case, under the applicable regulations.
4. Deed of submission to collection proceedings,
- document stating the obligation to pay the sum of money or release of items (e.g. loan agreement, lease agreement).
5. Agreement/Articles of Association:
- partners data,
- indication of the basic elements of the agreement/ articles of association.
6. Company protocols:
- company data disclosed in the National Court Register,
- indication of the planned agenda.
7. Deed of succession certification:
- last will and testament, if the testator made the last will and testament,
- abridged copy of the death certificate of the testator,
- certificate issued by the City Council, stating the Personal Identification Number owned by the testator,
- abridged copies of vital records of all heirs,
- land and mortgage register numbers kept for properties included in the inheritance.
